Technical Support Document 

Texas Chapter 116 – Control of Air Pollution by Permits for New 

Construction or Modification 

Subchapter D – Permit Renewals 

§116.311 and §116.315 

Rule Project Numbers: 

2007-024-116-PR 

2003-003-116-AI 

2001-043-116-AI 

98001-116-AI 

 TNRCC Order No. 94-05 

February 22, 2010 

FOR FURTHER INFORMATION CONTACT: Ms. Melanie Magee, United States 

Environmental Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross 

Avenue, Dallas, Texas 75202-2733, (214) 665-7161. 
2

Subject: Direct Final Approval of the Revisions to the Permit Renewal Application 

and new regulations for Permit Renewal Submittal, 30 TAC Chapter 116, Subchapter D, 

Sections 116.311 and 116.315. 

Contents: 

I. Executive Summary 

II. Background 

III. Summary of State Submittals 

IV. Technical Review of State Submittals 

V. Recommended Agency Action 
3

I. Executive Summary 

This Technical Support Document (TSD) reviews proposed revisions to the Texas State 

Implementation Plan (SIP) concerning the Permit Renewal Application at 30 TAC 

116.311, Subchapter D and adds a new section for the Permit Renewal Submittal at 30 

TAC 116.315, Subchapter D. The TCEQ adopted the revisions to the Permit Renewal 

Application on November 16, 1995, June 17, 1998, and August 21, 2002. Within the 

state adopted August 21, 2002 SIP revision, provisions were revised and recodified to 

form a new Permit Renewal Submittal section. Additional revisions were adopted by the 

State to the Permit Renewal Submittal section on August 20, 2003 and May 7, 2008. The 

Chairman of the TCEQ submitted these provisions as SIP revisions for TCEQ rule 

project numbers 96170-050-AD, 98001-116-AI, 2001-043-116-AI, 2003-003-116-AI and 

2007-024-116-PR. 

With this review, EPA will determine if the state adopted rules to the Permit Renewal 

Application and Permit Renewal Submittal provisions will improve air quality, comply 

with the Clean Air Act and EPA regulations, and be consistent with EPA’s policies. 

II. Background 

The Texas air pollution control rules for the Permit Renewal Application were submitted 

by the Texas Commission on Environmental Quality (TCEQ) (formerly the Texas 

Natural Resource Conservation Commission) on August 31, 1993 and April 29, 1994 and 

were approved by EPA into the Texas SIP on March 10, 2006 (71 FR 12285). The EPA 

approved Permit Renewal Application provisions are found at 30 TAC Chapter 116, 

Subchapter D. TCEQ submitted changes to the Permit Renewal section on December 15, 

1995. However, within the July 22, 1998 SIP revision submittal, Texas repealed and 

resubmitted each section under Subchapter D and reorganized subsection (c) in to new 

subsections (d) and (e) with changes. In the September 4, 2002 SIP submittal, Texas 

submitted a recodification of these provisions into a new section, 30 TAC 116.315, 

Permit Renewal Submittal. On September 25, 2003 and May 30, 2008, TCEQ submitted 

changes to the new section 30 TAC 116.315, Permit Renewal Submittal. The September 

25, 2003 revisions provide deadlines for the submittal of a permit renewal application. 

The May 30, 2008 SIP submittal adopted revisions to section 116.315 as a result of the 

passage of Senate Bill 1673 (SB 1673), 80th Legislature, 2007. SB 1673 allows the 

commission to process a renewal application at the same time as an amendment for a 

preconstruction permit, provided the amendment application is filed not more than three 

years before the date the permit is scheduled to expire and is subject to notice 

requirements. 
4

The table below summarizes each SIP submittal that is affected by this action. 

Title of SIP 

Submittal 

Date Submitted to 

EPA 

Date of State 

Adoption 

Regulations 

Affected 

Included with 

this Action 

Permit Renewals 12/15/95* 11/16/95*

NSR Rule 

Revisions; §112(g) 

Rule Review for 

Chapter 116 

7/22/98*

 6/17/98*

Revision to 30 

TAC 116.311 

Approval of 

recodification of 

(c) to (d) and (e). 

Shipyard Facilities 

and NSR 

Maintenance 

Emissions 

9/4/02 8/21/02 Revision to 30 

TAC 116.311 and 

116.315 

Approval of 

recodification of 

§116.311(d) and 

(e) to 

§116.315(a) and 

(b). 

Offset 

Certification, New 

Source Review 

Permitting 

Processes and 

Extensions for 

Construction 

9/25/03 8/20/03 Revision to 30 

TAC 116.315 

Approval of (a), 

(b), (c), (c)(1) 

and (c)(2). 

Concurrent 

Review of Permit 

Renewals and 

Permit 

Amendments 

5/30/08 5/7/08 Revisions to 30 

TAC 116.315 

Approval of (a), 

(b), (c), and (d) 

* Because Texas Repealed and resubmitted each section under Subchapter D in its 7/22/98 submittal, 

our analysis includes 12/15/95 and 7/22/98 SIP submittal together. 

III. Summary of State Submittals 

A. Summary of State Submittals for 30 TAC 116.311, Permit Renewal 

Application 

1. Current SIP. The provisions for section 116.311, Permit Renewal Application were 

submitted to EPA by the TCEQ (formerly the Texas Natural Resource Conservation 

Commission, TNRCC) on August 31, 1993 and April 29, 1994 and were State adopted on 

August 16, 1993 and April 6, 1994, respectively. EPA approved the submitted revisions 

on March 10, 2006 (71 FR 12285) and became effective on May 9, 2006. 

 

2. December 15, 1995 and July 22, 1998 SIP Submittals. Texas submitted to EPA a 

revision to section 116.311 (state adopted November 16, 1995, effective December 11, 

1995). With this revision, Texas submitted several changes to the approved SIP. On July 

17, 1998, Texas adopted (effective July 8, 1998) and submitted to EPA changes to the 

Permit Renewal Application section. Because Texas repealed and resubmitted each 

section under Subchapter D in the July 17, 1998 submittal, our analysis includes the 

December 15, 1995 and July 22, 1998 submittals together. These submittals have other 

provisions that have not been evaluated in any prior action and are severable from the 
5

provisions that we are approving in this action because the revisions being addressed here 

are ministerial and non-controversial in nature. We will address these provisions in 

separate actions. The remaining provision that will be addressed in this action includes 

the following: 

• Revision and redesignation of existing subsections (c) to subsection (d). Subsection 

(c) was currently approved and was redesignated to new subsection (d). The revision 

to this subsection was a non-substantative change. 

Comments Received. The comment period for this State rulemaking closed on 

September 21, 1995. The TCEQ received 12 written comments and no oral comments on 

this rulemaking. TCEQ included a response to comments in the SIP revision package 

sent to EPA. EPA Region 6 did submit a comment letter for this SIP package. However, 

none of the comments were in regards to this action. 

B. Summary of State Submittal for 30 TAC 116.311, Permit Renewal 

Application and 30 TAC 116.315, Permit Renewal Submittal 

1. September 4, 2002 SIP Submittal. Texas submitted to EPA a revision to section 

116.311 (state adopted August 21, 2002, effective September 12, 2002). With this 

revision, Texas submitted changes to the optional incorporation of emissions resulting 

from routine maintenance, start-up, and shutdown (MSS) into new source review (NSR) 

permits. By making this revision, the TCEQ sought to codify certain elements of a policy 

that has existed since February 2001 which allowed MSS incorporation. However with 

this action, other provisions remain that have not been evaluated in any prior action and 

are severable from the provision that we are approving in this action because the revision 

being addressed here is ministerial and non-controversial in nature. We will address 

those remaining provisions in separate actions. The provision that will be addressed in 

this action includes the following: 

• Removal of subsections (d) and (e) and recodification of these subsections into a new 

30 TAC 116.315. The 1995 and 1998 SIP revisions reorganized these provisions as 

subparagraphs (d) and (e) and made non-substantive changes. In the September 4, 2002, 

SIP submittal, these provisions were recodified into a new 30 TAC 116.315(a) and (b). 

Comments Received. The comment period for this State rulemaking closed on June 17, 

2002. The TCEQ received 10 written comments and no oral comments on this 

rulemaking. TCEQ included a response to comments in the SIP revision package sent to 

EPA. EPA Region 6 did submit a comment letter for this SIP package; however, the 

comments did not reflect concerns with the removal of subsections (d) and (e) to form a 

new 30 TAC 116.315 (a) and (b). 

C. Summary of State Submittals for 30 TAC 116.315, Permit Renewal Submittal 

1. September 25, 2003 SIP Submittal. Texas submitted a revision to section 116.315 

(adopted August 20, 2003, effective September 14, 2003) to state that an application for 
6

permit renewal must be submitted at least six months, but no earlier than 18 months prior 

to the permit expiration date. The commission intends to allow sufficient time for 

preparation and submission of renewals for permit holders whose permit expires within 

six months of the potential effective date of these adopted rules. With the Executive 

Director approval, applications may be submitted before or after this specified time 

period. The SIP submittal includes the following changes: 

• Revisions to subsection (a): With this submittal, Texas changed the date for 

submitting a renewal application from 90 days prior to the permit expiration date to the 

period at least six months, but no earlier than the permit expiration date. This change is 

an improvement of the existing requirement. 

• New subsection (b): The last sentence of subsection (a) was replaced with a new 

subsection (b) which provides that with approval of the Executive Director, an 

application for renewal may be submitted after the time period in subsection (a). This 

revised provision is broader than the current SIP and involves director discretion. EPA 

discourages the use of “director discretion” that allows for a variance from the SIP 

requirements in contrast to section 110 of the CAA. However, in this situation, EPA does 

not have a NSR SIP requirement for NSR permit renewals. Therefore, because the 

proposed revisions are more stringent than the CAA and NSR requirements and helps 

improve the current SIP requirements, EPA is approving this SIP revision. 

• Redesignation of former subsection (b) to subsection (c): This redesignation is a nonsubstantive change to the SIP. 

Comments Received. The comment period for this State rulemaking closed on May 5, 

2003. The TCEQ received 7 written comments and no oral comments on this 

rulemaking. TCEQ included a response to comments in the SIP revision package sent to 

EPA. EPA Region 6 did submit a comment letter for this SIP package. With this action, 

several revisions remain under review in the SIP submittal and will not be addressed in 

this action. We will address those provisions in separate actions. EPA Region 6 did not 

submit any comments related to this action. 

2. May 30, 2008 SIP Submittal. The TCEQ adopted revisions to 30 TAC 116.315 as a 

result of the passage of Senate Bill 1673 (SB 1673), 80th Legislature, 2007. SB 1673 

allows the commission to process a renewal application at the same time as an 

amendment for a preconstruction permit, provided the amendment application is filed not 

more than three years before the date the permit is scheduled to expire and is subject to 

notice requirements. In order for the TCEQ to process a renewal application concurrently 

with such as amendment application, the applicant must not object. The revisions to 

section 116.315 were adopted by TCEQ on May 7, 2008 (effective May 29, 2008) and 

were submitted to EPA on May 7, 2008. The SIP submittal includes the following 

changes: 

• Revision to subsection (a): TCEQ revised the first sentence of subsection (a) to 

provide that the provisions apply, except as provided in subsection (b) and (c). 

Subsection (b) provides that with approval of the Executive Director, an application for 

renewal may be submitted after the time period in subsection (a). EPA discourages the 
7

use of “director discretion” that allows for a variance from the SIP requirements in 

contrast to section 110 of the CAA. However, in this situation, EPA does not have a 

NSR SIP requirement for NSR permit renewals. Therefore, the provision is more 

stringent than what is currently required by the CAA and EPA NSR requirements. 

• New subsection (c): This new subsection provided that a renewal application with 

appropriate fee may be submitted at the same time as an amendment application to 

modify an existing facility as long as it is submitted not more than three years before 

the permit’s expiration date and the amendment is subject to public notice requirements 

under Texas Health Code, §382.056, Notice of Intent to Obtain Permit or Permit 

Review; Hearing. 

• Redesignation of former subsection (c) to subsection (d): This redesignation is a 

non-substantive change to the SIP. 

Comments Received. The comment period for this State rulemaking closed on February 

4, 2008. The TCEQ received 1 written comment and no oral comments on this 

rulemaking. TCEQ included a response to comments in the SIP revision package sent to 

EPA. EPA Region 6 did submit a comment letter for this SIP package. The following 

comments related to this action were submitted by EPA Region 6 to TCEQ: 

EPA Comment 1: The TCEQ must ensure that any requirements relating to public notice 

and comment procedures meet all Federal requirements and the more stringent of the two 

(permit renewals/permit amendments) must be used. The public notice requirements 

should not be relaxed if a renewal and amendment is processed concurrently. 

TCEQ Response: The requirements concerning the concurrent processing of renewals 

and amendments meet all federal requirements and the associated public notice 

requirements have not been relaxed. In a concurrent review, the renewal and amendment 

applications could be noticed together and would require publication in a newspaper with 

at least a 30-day public comment period, which are required under federal rules. The 

purpose of this rulemaking is to implement the statutory change to THSC, §382.055, that 

establishes the timing of permit renewals and does not change public notice requirements 

or permit fees. No change has been made as a result of this comment. 

EPA Review Comment: In TCEQ’s response, the public notice requirements do not 

appear to have been relaxed with this action. Therefore, EPA is in agreement that no 

changes are necessary at this time. 

EPA Comment 2: Texas has submitted earlier versions of §116.315 to the EPA for SIP 

approval. EPA has not completed its review of these earlier SIP submittals and has not 

approved them into the SIP. 

TCEQ Response: TCEQ anticipates that this SIP revision can be processed 

simultaneously with previous revisions governing permit review and public notice. 

While this amendment adds language to §116.315 concerning the concurrent processing 

of renewals and amendments, this amendment does not change the intent of the existing 
8

rule language that was submitted to the EPA in previous SIP revisions. No change has 

been made as a result of this comment. 

EPA Review Comment: With this action, EPA has determined that certain portions of 

the §116.311 and §116.315 SIP revisions are severable from the other revisions. Since 

the referenced provisions are severable, EPA is proposing to approve in this action only 

those revisions that are noted within this analysis. 

EPA Comment 3: The TCEQ needs to explain why, in the proposed §116.315(c), it cites 

to the Health and Safety Code, §382.056 instead of the agency’s implementing 

regulations. Does TCEQ implement Health and Safety Code, §382.056 through 30 TAC 

Chapter 39? The way the rule is currently written, it does not given the public clear 

notice of current regulatory standards and requirements. Furthermore, if the requirements 

of §382.056 are implemented under 30 TAC Chapter 39, TCEQ may need to address the 

concerns that EPA has previously provided to TCEQ on August 14, 2006, concerning 

public participation. 

TCEQ Response: Reference to THSC, §382.056, in amended §116.315 follows the text 

of SB 1673. This rulemaking provides an alternative means of submitting and reviewing 

renewal and amendment application concurrently; however, it does not alter or eliminate 

the requirements for public notice as required in Chapter 39. No change has been made 

as a result of this comment. 

EPA Review Comment: On November 26, 2008 (73 FR 72001), EPA proposed a limited 

approval and limited disapproval of the Texas Chapter 39 public participation provisions. 

Because the revisions to section 315 are severable from the Chapter 39 provisions and no 

changes were made to the public notice requirements, EPA is approving the revisions to 

section 315. 

EPA Comment 4: Section 116.315(c) should explain what is meant by “renewal 

application with appropriate fee” and “amendment application to modify the existing 

facility.” The rule should include a cross-reference to the appropriate regulatory 

requirement related to applications and fees for both amendments and renewals. Because 

the fees are different under the programs for permit amendment and permit renewal, the 

rule should make it clear what fee should be paid. The rule should specify whether the 

source must pay the higher of the two fees or pay a fee that is the sum of the fees that 

would be paid if the amendment and renewal were processed separately and a statement 

of the basis for the decision of which fee must be paid. 

TCEQ Response: As stated in the previous response, the purpose of this rulemaking is to 

implement the statutory change to THSC, §382.055 that establishes the timing of permit 

renewals. Concurrent processing of a renewal and an amendment does not change the fee 

amount from what it would have been if they were processed separately, but the fees 

would be due when the applications are submitted. Since one fee amount was not chosen 

over another, a statement of basis was not provided. No change has been made as a result 

of this comment. 
9

EPA Review Comment: Because Texas did not change the provisions to requirement one 

fee over another, EPA is approving the revision. 

EPA Comment 5: Under the existing provisions in §116.315(b), the Executive Director 

has discretion to allow an applicant to submit a permit application for renewal past the 6 

month deadline. Texas must include replicable provisions to determine when a permit 

application may be submitted before or after the time period specified in 116.315(a). 

TCEQ Response: The basis of the inclusion of §116.315(b) is not within the scope of 

this rulemaking. Variances are allowed in instances where the Executive Director did not 

send out a timely renewal notice. It is also possible for an applicant to request an 

extension. If the request was provided before the expiration date to allow for the 

Executive Director approval, and if the Executive Director approves the request, a 

variance may be allowed. As long as the agency receives the renewal application before 

the expiration date, the application is considered timely and the applicant can continue to 

operate under the original permit until the permit is renewed. Issuance of the renewal 

does not necessarily have to occur before the expiration date in order for the permit to 

remain in effect. No change has been made as a result of this comment. 

EPA Review Comment: This revised provision is broader than the current SIP and 

involves director discretion. EPA discourages the use of “director discretion” that allows 

for a variance from the SIP requirements in contrast to section 110 of the CAA. 

However, in this situation, EPA does not have a NSR SIP requirement for NSR permit 

renewals. Therefore, because the proposed revisions are more stringent than the CAA 

and NSR requirements and helps improve the current SIP requirements, EPA is 

proposing to approve this SIP revision. 

IV. Technical Review of the State Submittal 

The technical review of the proposed SIP revisions consists of four elements of review. 

The elements considered during this review are contained in the Appendices and include 

the following. 

Appendix A. Evaluation of the December 15, 1995, July 22, 1998, September 4, 

2002 and September 25, 2003 and May 30, 2008 SIP submittals 

with respect to Part 51, Appendix V Completeness Determination 

Appendix B. Evaluation of the December 15, 1995, July 22, 1998, September 4, 

2002 and September 25, 2003 and May 30, 2008 SIP submittals 

with respect to the requirements of 40 CFR Part 51 

Appendix C. Evaluation of the December 15, 1995, July 22, 1998, September 4, 

2002 and September 25, 2003 and May 30, 2008 SIP submittals 

with respect to section 110(l) of the Clean Air Act. 

Appendix D. Review of Proposed Revisions against the SIP Approved 

Regulations 
10

The Part 51, Appendix V Completeness Determination sets forth the minimum criteria 

for determining whether a submitted SIP is an official submission for purposes of review. 

The Review with Respect to Part 51 is presented as a section-by-section review of the 

submittal in comparison to 40 CFR Part 51. This analysis is used to determine whether 

the submittal satisfies the requirements for preparation, adoption, and submittal of a SIP 

revision. Section 110(l) of the Clean Air Act states that a SIP revision must not interfere 

with attainment or reasonable further progress or any other applicable requirement of the 

Act. To demonstrate compliance with section 110(l) a review has been completed for the 

proposed SIP revisions. Finally, a word-by-word comparison of the current SIP approved 

section and the proposed SIP revisions are included in the section entitled “Review of 

Proposed Revisions against the SIP Approved Regulations.” From this Technical 

Review, the basis is formed for the determination of whether or not the December 15, 

1995, July 22, 1998, September 4, 2002, September 25, 2003 and May 30, 2008 SIP 

submittals were in agreement with the CAA and other EPA policies or guidance. 

V. Recommended Agency Action 

The technical analysis provided in the preceding sections has compared the applicable 

sections of the CAA and 40 CFR Part 51 to TCEQ’s December 15, 1995, July 22, 1998, 

September 4, 2002, September 25, 2003 and May 30, 2008 proposed revisions to the 

SIP, enacted at 30 TAC Chapter 116, Subchapter D, Sections 116.311 and 116.315. 

Specifically, EPA proposes to approve the following: 

• 30 TAC 116.311 – The removal of subsection (c) of 30 TAC 116.311 which were 

reorganized into new subsections (d) and (e) in SIP revisions submitted December 

15, 1995, and July 22, 1998; and recodified into a new 30 TAC 116.315, 

submitted September 4, 2002. 

• 30 TAC 116.315 – as submitted September 4, 2002, and revisions submitted 

September 25, 2003 and May 30, 2008. 

The SIP submittals dated July 22, 1998, September 4, 2002 and September 25, 2003 have 

provisions that have not been addressed in this evaluation or in any prior action and 

which are severable from the provisions that we are proposing to approve in this action. 

These severable provisions are identified in the Appendix of this TSD. These provisions 

remain under review and will not be addressed in this action except to show that they are 

severable from the provisions that are being addressed in this action. We will address 

these provisions in separate actions. The remaining provisions that will be addressed in a 

separate action include the following: 

1. Remaining severable provisions in the July 22, 1998 SIP submittal. The 

following provisions of this SIP submittal that have not been previously addressed in 

an action or is included in a separate action: §116.10(1)-(3), (6), (8)-(10), and (14); 

116.13; 116.110(a)(3); 116.116(e)-(f); 116.117; 116.118; 116.136; 116.174; 116.620; 

116.714-116.715, 116.721, 116.730 and 116.750. 

2. Remaining severable provisions in the September 4, 2002 SIP submittal. The 

following provisions of the SIP submittal that have not been previously addressed in 
11

an action or is included in a separate action: §116.10(1)-(3), (6), (7)(F), (8), (9), (10) 

and (14); 116.711; 116.715, 116.778, 116.803 and 116.919. 

3. Remaining severable provisions in the September 25, 2003 SIP submittal. The 

following provisions of this SIP submittal will be addressed in a separate action 

§116.114, 116.115 and 116.120. 

Our review has found that the sections proposed for approval in this action are consistent 

with the CAA and 40 CFR Part 51. Therefore, EPA Region 6 is proposing to approve the 

revisions identified in the Appendix to section 116.311 and 116.315.
12

Appendix A. Evaluation of the December 15, 1995, July 22, 1998, September 4, 2002 

and September 25, 2003 and May 30, 2008 SIP submittals with respect to Part 51, 

Appendix V Completeness Determination 

Appendix V of 40 CFR Part 51 outlines the minimum criteria for determining 

whether a State implementation plan is considered an official submission for purposes of 

review under section 51.103. The attached checklist outlines the basic criteria included 

under 2.1 and 2.2 of Appendix V. However, Section 2.3 of Appendix V describes the 

“parallel process procedure” which EPA had previously adopted to expedite the review of 

plans. This feature is being deleted from the next revised CFR on completeness. 

Therefore, it is not included in the checklist. 
13

SIP Completeness Checklist 

TNRCC Order No. 94-05 

When preparing a SIP revision request, the SIP reviewer should go through this list to 

help identify that the package submitted to EPA is complete. States can use the check list 

to assure SIP submittals meet Appendix V criteria. 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

The SIP revision was submitted by a letter from the Texas Governor, George W. Bush, on 

December 15, 1995. 

2 Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent agreement 

(hereafter document) in final form. This evidence would include the date of adoption or 

final issuance and the effective date of revision, if different from adoption/issuance date. 

The revisions were adopted by the Texas Commission on Environmental Quality 

(formerly the Texas Natural Resource Conservation Commission) on November 16, 1995 

and became effective December 11, 1995. 

3. Evidence is included that the State has necessary legal authority under State law 

to adopt and implement the revision, e.g., a citation of the appropriate State authority. 

The authority for promulgating changes to the Texas State Implementation Plan is found 

in Chapter 382 of the Texas Health and Safety Code. 

4. A copy is included of the actual regulation or document submitted for approval 

and incorporation by reference into the SIP including an indication of the changes made 

to the existing approved plan where applicable. The submittal shall be a copy of the 

official State regulation document signed, stamped, and dated by the appropriate State 

official indicating that it is fully enforceable by the State. The effective date of the 

regulation document shall, whenever possible, be indicated in the document itself. 

The December 15, 1995 submittal included a copy of the official State regulation 

document, signed, stamped, and dated by Barry R. McBee, Chairman, Texas Natural 

Resource Conservation Commission. 

5. Evidence is included that the State followed all the procedural requirements of its 

laws and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 
14

The authority for promulgating changes to the Texas State Implementation Plan is found 

in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. 

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of publication of 

such notice, (e.g., notarized or certified copies of any public notices published in 

newspapers). (The notice should be at least 30 days prior to the public hearing(s). 

Notices of public hearing were published on August 22, 1995 in the Fort Worth StarTelegram and the Houston Chronicle and on August 23, 1995 in the Austin American 

Statesman. 

7. A certification is included indicating that public hearing(s) was/were held in 

accordance with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable. 

The order adopting the new and amended section to 30 TAC Chapter 116 provided 

evidence that the public hearing was conducted pursuant to Texas Health and Safety 

Code §382.017 and §51.102. 

8. A compilation of public comments and the State's response is included. 

The SIP submittal package did include a compilation of public comments and the State’s 

responses. The TCEQ received 12 written comments and no oral comments from the 

public hearing. 

Technical Support (2.2) 

The State should include the following technical information in its SIP revision request 

package. 

1. Identification of all regulated pollutants affected by the revision is included. 

This is not applicable to the SIP revision under review. This SIP revision addresses the 

Permit Renewal Application section under 30 TAC Chapter 116. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included. 

This SIP revision applies to new construction and major modifications statewide. 

3. Quantification of the changes in SIP allowable emissions from the affected 

sources is included. (Examples include estimates of changes in current actual emissions 

from affected sources and/or, where appropriate, quantification of changes in actual 
15

emissions from affected sources through calculations of the differences between certain 

baseline levels and allowable emissions anticipated if the revisions were approved.) 

Quantification of the changes in SIP allowable emissions from the affected sources is not 

applicable to this SIP revision. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration 

and visibility as applicable would be protected if the revision were approved and 

implemented. 

The SIP submittal does include revisions to the PSD and NSR permitting programs. The 

State’s response to comments addressed concerns about the protection of the NAAQS and 

PSD increments associated with the proposed SIP revisions. However, the state did not 

include a demonstration. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the propose revision. 

Modeling information is not necessary to support the SIP revision. 

7. Evidence is included where necessary, that emission limitations are based on 

continuous emission reduction technology (e.g., add-on controls, industrial/process 

equipment designs, reformulated materials, etc.). 

Evidence of emission limitations based on CEM technology is not applicable. 

8. Evidence is included indicating that a SIP revision contains emission limitations, 

work practice standards, and recordkeeping/reporting requirements to ensure stated 

emission levels. 
16

Enforceability is determined on a case-by-case basis in each individual permit. 

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

Determination of compliance is specified on a case-by-case basis in each individual 

permit. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification. 

These justifications are not necessary for this SIP revision. 

The SIP submittal of TNRCC Order No. 94-05 meets the completeness criteria. 
17

SIP Completeness Checklist 

Rule Log No.: 98001-116-AI

When preparing a SIP revision request, the SIP reviewer should go through this list to 

help identify that the package submitted to EPA is complete. States can use the check list 

to assure SIP submittals meet Appendix V criteria. 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

The SIP revision was submitted by a letter from the Texas Governor, George W. Bush, on 

July 22, 1998. 

2 Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent agreement 

(hereafter document) in final form. This evidence would include the date of adoption or 

final issuance and the effective date of revision, if different from adoption/issuance date. 

The revisions were adopted by the Texas Commission on Environmental Quality 

(formerly the Texas Natural Resource Conservation Commission) on June 17, 1998 and 

became effective July 8, 1998. 

3. Evidence is included that the State has necessary legal authority under State law 

to adopt and implement the revision, e.g., a citation of the appropriate State authority. 

The authority for promulgating changes to the Texas State Implementation Plan is found 

in Chapter 382 of the Texas Health and Safety Code. 

4. A copy is included of the actual regulation or document submitted for approval 

and incorporation by reference into the SIP including an indication of the changes made 

to the existing approved plan where applicable. The submittal shall be a copy of the 

official State regulation document signed, stamped, and dated by the appropriate State 

official indicating that it is fully enforceable by the State. The effective date of the 

regulation document shall, whenever possible, be indicated in the document itself. 

The July 22, 1998 submittal included a copy of the official State regulation document, 

signed, stamped, and dated by Barry R. McBee, Chairman, Texas Natural Resource 

Conservation Commission.. 

5. Evidence is included that the State followed all the procedural requirements of its 

laws and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 
18

The authority for promulgating changes to the Texas State Implementation Plan is found 

in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. 

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of publication of 

such notice, (e.g., notarized or certified copies of any public notices published in 

newspapers). (The notice should be at least 30 days prior to the public hearing(s). 

Notices of public hearing were published on March 10, 1998 in the Austin American 

Statesman, March 11, 1998 in the Fort Worth Star-Telegram and Beaumont EnterpriseJournal and March 13, 1998 in the Houston Chronicle. A public hearing was held April 

16, 1998. 

7. A certification is included indicating that public hearing(s) was/were held in 

accordance with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable. 

The order adopting the new and amended section to 30 TAC Chapter 116 provided 

evidence that the public hearing was conducted pursuant to Texas Health and Safety 

Code §382.017 and §51.102. 

8. A compilation of public comments and the State's response is included. 

The SIP submittal package did include a compilation of public comments and the State’s 

responses. The TCEQ received 3 written comments and no oral comments from the 

public notice. 

Technical Support (2.2) 

The State should include the following technical information in its SIP revision request 

package. 

1. Identification of all regulated pollutants affected by the revision is included. 

This is not applicable to the SIP revision under review. This SIP revision addresses the 

Permit Renewal Application section under 30 TAC Chapter 116. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included. 

This SIP revision applies to new construction and major modifications statewide. 

3. Quantification of the changes in SIP allowable emissions from the affected 

sources is included. (Examples include estimates of changes in current actual emissions 

from affected sources and/or, where appropriate, quantification of changes in actual 
19

emissions from affected sources through calculations of the differences between certain 

baseline levels and allowable emissions anticipated if the revisions were approved.) 

Quantification of the changes in SIP allowable emissions from the affected sources is not 

applicable to this SIP revision. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration 

and visibility as applicable would be protected if the revision were approved and 

implemented. 

The SIP submittal does include revisions to the PSD and NSR permitting programs. The 

State’s response to comments addressed concerns about the protection of the NAAQS and 

PSD increments associated with the proposed SIP revisions. However, the state did not 

include a demonstration. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the propose revision. 

Modeling information is not necessary to support the SIP revision. 

7. Evidence is included where necessary, that emission limitations are based on 

continuous emission reduction technology (e.g., add-on controls, industrial/process 

equipment designs, reformulated materials, etc.). 

Evidence of emission limitations based on CEM technology is not applicable. 

8. Evidence is included indicating that a SIP revision contains emission limitations, 

work practice standards, and recordkeeping/reporting requirements to ensure stated 

emission levels. 
20

Enforceability is determined on a case-by-case basis in each individual permit. 

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

Determination of compliance is specified on a case-by-case basis in each individual 

permit. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification. 

These justifications are not necessary for this SIP revision. 

The SIP submittal of Rule Log No.: 98001-116-AI meets the completeness criteria. 
21

SIP Completeness Checklist 

Rule Log No.: 2001-043-116-AI

When preparing a SIP revision request, the SIP reviewer should go through this list to 

help identify that the package submitted to EPA is complete. States can use the check list 

to assure SIP submittals meet Appendix V criteria. 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

The SIP revision was submitted by a letter from Robert Huston, Chairman of the Texas 

Natural Resource Conservation Commission, dated September 4, 2002. Governor Rick 

Perry designated that the Chairman of the Texas Natural Resource Conservation 

Commission would be his designee for SIP submittals in a letter dated May 21, 2002. 

2 Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent agreement 

(hereafter document) in final form. This evidence would include the date of adoption or 

final issuance and the effective date of revision, if different from adoption/issuance date. 

The revisions were adopted by the Texas Commission on Environmental Quality 

(formerly the Texas Natural Resource Conservation Commission) on August 21, 2002 

and became effective September 12, 2002. 

3. Evidence is included that the State has necessary legal authority under State law 

to adopt and implement the revision, e.g., a citation of the appropriate State authority. 

The authority for promulgating changes to the Texas State Implementation Plan is found 

in Chapter 382 of the Texas Health and Safety Code. 

4. A copy is included of the actual regulation or document submitted for approval 

and incorporation by reference into the SIP including an indication of the changes made 

to the existing approved plan where applicable. The submittal shall be a copy of the 

official State regulation document signed, stamped, and dated by the appropriate State 

official indicating that it is fully enforceable by the State. The effective date of the 

regulation document shall, whenever possible, be indicated in the document itself. 

The September 4, 2002, submittal included a copy of the official State regulation 

document, signed, stamped, and dated by Robert J. Huston, Chairman of the Texas 

Natural Resource Conservation Commission. 
22

5. Evidence is included that the State followed all the procedural requirements of its 

laws and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 

The authority for promulgating changes to the Texas State Implementation Plan is found 

in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. 

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of publication of 

such notice, (e.g., notarized or certified copies of any public notices published in 

newspapers). (The notice should be at least 30 days prior to the public hearing(s). 

Notices of public hearing were published on May 10, 2002 in the Fort Worth StarTelegram, Austin American Statesman and the Houston Chronicle. 

7. A certification is included indicating that public hearing(s) was/were held in 

accordance with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable. 

The order adopting the new and amended section to 30 TAC Chapter 116 provided 

evidence that the public hearing was conducted pursuant to Texas Health and Safety 

Code §382.017 and §51.102. 

8. A compilation of public comments and the State's response is included. 

The SIP submittal package did include a compilation of public comments and the State’s 

responses. The TCEQ received 10 written comments and no oral comments from the 

public notice. 

Technical Support (2.2) 

The State should include the following technical information in its SIP revision request 

package. 

1. Identification of all regulated pollutants affected by the revision is included. 

This is not applicable to the SIP revision under review. This SIP revision addresses the 

Permit Renewal Application and Permit Renewal Submittal sections under 30 TAC 

Chapter 116. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included. 

This SIP revision applies to new construction and major modifications statewide. 
23

3. Quantification of the changes in SIP allowable emissions from the affected 

sources is included. (Examples include estimates of changes in current actual emissions 

from affected sources and/or, where appropriate, quantification of changes in actual 

emissions from affected sources through calculations of the differences between certain 

baseline levels and allowable emissions anticipated if the revisions were approved.) 

Quantification of the changes in SIP allowable emissions from the affected sources is not 

applicable to this SIP revision. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration 

and visibility as applicable would be protected if the revision were approved and 

implemented. 

The SIP submittal does include revisions to the PSD and NSR permitting programs. The 

State’s response to comments addressed concerns about the protection of the NAAQS and 

PSD increments associated with the proposed SIP revisions. However, the state did not 

include a demonstration. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the propose revision. 

Modeling information is not necessary to support the SIP revision. 

7. Evidence is included where necessary, that emission limitations are based on 

continuous emission reduction technology (e.g., add-on controls, industrial/process 

equipment designs, reformulated materials, etc.). 

Evidence of emission limitations based on CEM technology is not applicable. 

8. Evidence is included indicating that a SIP revision contains emission limitations, 

work practice standards, and recordkeeping/reporting requirements to ensure stated 

emission levels. 
24

Enforceability is determined on a case-by-case basis in each individual permit. 

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

Determination of compliance is specified on a case-by-case basis in each individual 

permit. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification. 

These justifications are not necessary for this SIP revision. 

The SIP submittal of Rule Log No.: 2001-043-116-AI meets the completeness 

criteria. 
25

SIP Completeness Checklist 

Rule Log No.: 2003-003-116-AI

When preparing a SIP revision request, the SIP reviewer should go through this list to 

help identify that the package submitted to EPA is complete. States can use the check list 

to assure SIP submittals meet Appendix V criteria. 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

The SIP revision was submitted by a letter from Robert Huston, Chairman of the Texas 

Natural Resource Conservation Commission, dated September 25, 2003. Governor Rick 

Perry designated that the Chairman of the Texas Natural Resource Conservation 

Commission would be his designee for SIP submittals in a letter dated May 21, 2002. 

2 Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent agreement 

(hereafter document) in final form. This evidence would include the date of adoption or 

final issuance and the effective date of revision, if different from adoption/issuance date. 

The revisions were adopted by the Texas Commission on Environmental Quality 

(formerly the Texas Natural Resource Conservation Commission) on August 20, 2003 

and became effective September 14, 2003. 

3. Evidence is included that the State has necessary legal authority under State law 

to adopt and implement the revision, e.g., a citation of the appropriate State authority. 

The authority for promulgating changes to the Texas State Implementation Plan is found 

in Chapter 382 of the Texas Health and Safety Code. 

4. A copy is included of the actual regulation or document submitted for approval 

and incorporation by reference into the SIP including an indication of the changes made 

to the existing approved plan where applicable. The submittal shall be a copy of the 

official State regulation document signed, stamped, and dated by the appropriate State 

official indicating that it is fully enforceable by the State. The effective date of the 

regulation document shall, whenever possible, be indicated in the document itself. 

The September 25, 2003, submittal included a copy of the official State regulation 

document, signed, stamped, and dated by Robert J. Huston, Chairman of the Texas 

Natural Resource Conservation Commission. 
26

5. Evidence is included that the State followed all the procedural requirements of its 

laws and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 

The authority for promulgating changes to the Texas State Implementation Plan is found 

in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. 

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of publication of 

such notice, (e.g., notarized or certified copies of any public notices published in 

newspapers). (The notice should be at least 30 days prior to the public hearing(s). 

Notices of public hearing were published on March 23, 2003 in the Fort Worth StarTelegram and March 24, 2003 in the Austin American Statesman and the Houston 

Chronicle. 

7. A certification is included indicating that public hearing(s) was/were held in 

accordance with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable. 

The order adopting the new and amended section to 30 TAC Chapter 116 provided 

evidence that the public hearing was conducted pursuant to Texas Health and Safety 

Code §382.017 and §51.102. 

8. A compilation of public comments and the State's response is included. 

The SIP submittal package did include a compilation of public comments and the State’s 

responses. The TCEQ received 7 written comments and no oral comments from the 

public hearing. 

Technical Support (2.2) 

The State should include the following technical information in its SIP revision request 

package. 

1. Identification of all regulated pollutants affected by the revision is included. 

This is not applicable to the SIP revision under review. This SIP revision addresses the 

Application Review Schedule under Chapter 116. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included. 

This SIP revision applies to new construction and major modifications statewide. 
27

3. Quantification of the changes in SIP allowable emissions from the affected 

sources is included. (Examples include estimates of changes in current actual emissions 

from affected sources and/or, where appropriate, quantification of changes in actual 

emissions from affected sources through calculations of the differences between certain 

baseline levels and allowable emissions anticipated if the revisions were approved.) 

Quantification of the changes in SIP allowable emissions from the affected sources is not 

applicable to this SIP revision. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration 

and visibility as applicable would be protected if the revision were approved and 

implemented. 

The SIP submittal does include revisions to the PSD and NSR permitting programs. The 

State’s response to comments addressed concerns about the protection of the NAAQS and 

PSD increments associated with the proposed SIP revisions. However, the state did not 

include a demonstration. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the propose revision. 

Modeling information is not necessary to support the SIP revision. 

7. Evidence is included where necessary, that emission limitations are based on 

continuous emission reduction technology (e.g., add-on controls, industrial/process 

equipment designs, reformulated materials, etc.). 

Evidence of emission limitations based on CEM technology is not applicable. 

8. Evidence is included indicating that a SIP revision contains emission limitations, 

work practice standards, and recordkeeping/reporting requirements to ensure stated 

emission levels. 
28

Enforceability is determined on a case-by-case basis in each individual permit. 

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

Determination of compliance is specified on a case-by-case basis in each individual 

permit. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification. 

These justifications are not necessary for this SIP revision. 

The SIP submittal of Rule Log No.: 2003-003-116-AI meets the completeness 

criteria. 
29

SIP Completeness Checklist 

Rule Log No.: 2007-024-116-PR 

When preparing a SIP revision request, the SIP reviewer should go through this list to 

help identify that the package submitted to EPA is complete. States can use the check list 

to assure SIP submittals meet Appendix V criteria. 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

The SIP revision was submitted by a letter from Buddy Garcia, Chairman of the Texas 

Commission on Environmental Quality, dated May 30, 2008. Governor Rick Perry 

designated that the Chairman of the Texas Commission on Environmental Quality would 

be his designee for SIP submittals in a letter dated May 21, 2002. 

2 Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent agreement 

(hereafter document) in final form. This evidence would include the date of adoption or 

final issuance and the effective date of revision, if different from adoption/issuance date. 

The revisions were adopted by the Texas Commission on Environmental Quality on May 

7, 2008 and became effective May 29, 2008. 

3. Evidence is included that the State has necessary legal authority under State law 

to adopt and implement the revision, e.g., a citation of the appropriate State authority. 

The authority for promulgating changes to the Texas State Implementation Plan is found 

in Chapter 382 of the Texas Health and Safety Code. 

4. A copy is included of the actual regulation or document submitted for approval 

and incorporation by reference into the SIP including an indication of the changes made 

to the existing approved plan where applicable. The submittal shall be a copy of the 

official State regulation document signed, stamped, and dated by the appropriate State 

official indicating that it is fully enforceable by the State. The effective date of the 

regulation document shall, whenever possible, be indicated in the document itself. 

The May 30, 2008 submittal included a copy of the official State regulation document, 

signed, stamped, and dated by Buddy Garcia, Chairman of the Texas Commission on 

Environmental Quality. 

5. Evidence is included that the State followed all the procedural requirements of its 

laws and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 
30

The authority for promulgating changes to the Texas State Implementation Plan is found 

in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. 

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of publication of 

such notice, (e.g., notarized or certified copies of any public notices published in 

newspapers). (The notice should be at least 30 days prior to the public hearing(s). 

Notices of public hearing were published on December 14, 2007 in the Austin American 

– Statesman, Fort Worth Star – Telegram and the Houston Chronicle. 

7. A certification is included indicating that public hearing(s) was/were held in 

accordance with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable. 

A public hearing for the revised sections to 30 TAC Chapter 116.114 was held January 

29, 2008 and was conducted pursuant to Texas Health and Safety Code §382.017 and 40 

CFR §51.102. 

8. A compilation of public comments and the State's response is included. 

The SIP submittal package did include a compilation of public comments and the State’s 

responses. The TCEQ received 1 written comment and no oral comments from the public 

hearing. 

 

Technical Support (2.2) 

The State should include the following technical information in its SIP revision request 

package. 

1. Identification of all regulated pollutants affected by the revision is included. 

This is not applicable to the SIP revision under review. This SIP revision addresses the 

Permit Renewal Submittal section under 30 TAC Chapter 116. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included. 

This SIP revision applies to new construction and major modifications statewide. 

3. Quantification of the changes in SIP allowable emissions from the affected 

sources is included. (Examples include estimates of changes in current actual emissions 

from affected sources and/or, where appropriate, quantification of changes in actual 
31

emissions from affected sources through calculations of the differences between certain 

baseline levels and allowable emissions anticipated if the revisions were approved.) 

Quantification of the changes in SIP allowable emissions from the affected sources is not 

applicable to this SIP revision. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration 

and visibility as applicable would be protected if the revision were approved and 

implemented. 

The SIP submittal does include revisions to the PSD and NSR permitting programs. The 

State’s response to comments addressed concerns about the protection of the NAAQS and 

PSD increments associated with the proposed SIP revisions. However, the state did not 

include a demonstration

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the propose revision. 

Modeling information is not necessary to support the SIP revision. 

7. Evidence is included where necessary, that emission limitations are based on 

continuous emission reduction technology (e.g., add-on controls, industrial/process 

equipment designs, reformulated materials, etc.). 

Evidence of emission limitations based on CEM technology is not applicable. 

8. Evidence is included indicating that a SIP revision contains emission limitations, 

work practice standards, and recordkeeping/reporting requirements to ensure stated 

emission levels. 
32

Enforceability is determined on a case-by-case basis in each individual permit. 

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

Determination of compliance is specified on a case-by-case basis in each individual 

permit. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification. 

These justifications are not necessary for this SIP revision. 

The SIP submittal of Rule Log No.: 2007-024-116-PR meets the completeness 

criteria. 
33

Appendix B. Evaluation of the December 15, 1995, July 22, 1998, September 4, 2002, September 25, 2003 SIP submittals with respect to the requirements of 40 CFR Part 51Requirements for the preparation, adoption, and submittal of implementation plans can be found in 40 CFR Part Section 116.311, Permit Renewal Application and Section 116.315, Permit Renewal Submittal were evaluated ag

requirements in Part 51. The analysis is included in Tables 1 and 2 below. Table 1: Analysis of Part 51 Requirements for the December 15, 1995, July 22, 1998 and September 4, 200

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.311 Permit Renewal Application Submitted 12/15/95 and 7/22/98

§116.311 Permit ReneSubmitted 9/4/02

Subpart A – Emission Inventory Reporting Requirements 

Requirements found in Part 51 Subpart A are not applicable to the section under review in this document. Section 116.311 provides the deadline dates for the submittal of a permit renewal application and is not concerned with emission inventory reporting requirements for TCEQ. 

No Change 

Subpart B – E [Reserved] Not Applicable Not Applicable Subpart F – Procedural Requirements §51.100 Definitions §51.100 is not applicable to the §116.311 under review in this 

TSD. 

No Change 

§51.101 Stipulations §51.101 is not applicable to the §116.311 under review in this 

TSD. 

No Change

§51.102 Public Hearings 

• States must conduct one or 

more public hearings; 

• Public hearings will only 

be held after reasonable notice, given at least 30 days prior to the date of the hearing; and 

• The state must submit with 

the revision a certification that the hearing was held 

Rule Log No 96170-050-AD

Submitted 12/15/95

• TCEQ held a public hearing 

on this rule package in Austin, Texas on September 21, 1995. 

• The public hearing was held 

after reasonable notice was given. TCEQ published notice of the public hearing in the following newspapers on 

Rule Log No 98001-116-AI

Submitted 7/22/98

• TCEQ held a public hearing 

on this rule package in Austin, Texas on April 16, 1998. 

• The public hearing was held 

after reasonable notice was given. TCEQ published notice of the public hearing in the following newspapers on the dates listed below for this 

Rule Log No 2001-043-

• TCEQ held a public h

rule package in Austi10, 2002. 

• The public hearing w

reasonable notice wapublished notice of thin the following newsdates listed below for 

• Austin American-

10, 2002; 
34

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.311 Permit Renewal Application Submitted 12/15/95 and 7/22/98

§116.311 Permit ReneSubmitted 9/4/02

in accordance with this section. 

the dates listed below for this rule package: 

• Austin AmericanStatesman – August 23, 

1995; 

• Fort Worth Start-Telegram 

– August 22, 1995; 

• Houston Chronicle – 

August 22, 1995. 

• Unable to locate the 

certification that the public hearings were held in accordance with §51.102. 

rule package: 

• Austin American Statesman 

–March 10, 1998; 

• Beaumont EnterpriseJournal – March 11,1998; • Fort Worth Star Telegram –

March 11, 1998; 

• Houston Chronicle – March 

13, 1998. 

• Unable to locate the 

certification that the public hearings were held in accordance with §51.102. 

• Fort Worth Star T

10, 2002; 

• Houston Chronicl

• Unable to locate the c

the public hearings waccordance with §51.

§51.103 Submission of plans, preliminary review of plans 

• The state makes an official 

plan submission to EPA only when the submission conforms to the requirements of Part 51, Appendix V 

• The state delivers 5 copies 

of the plan with a letter giving notice of the action to the EPA regional office. 

The rule packages meet the requirements for completeness. The rule package meets 

for completeness. 

§51.104 Revisions 

• States may revise the plan 

from time to time 

• EPA will approve revisions 

only after appropriate public hearing requirements have been 

Rule Log No 96170-050-AD

Submitted 12/15/95

George W. Bush, Governor of the State of Texas, submitted the Chapter 116 revisions on December 15, 1995 as a SIP revision. 

Rule Log No 98001-116-AI

Submitted 7/22/98

George W. Bush, Governor of the State of Texas, submitted the Chapter 116 revisions on July 22, 1998 as a SIP revision. 

Robert J. Huston, Chair(formerly the TNRCC) 116 revisions on SeptemSIP revision. 
35

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.311 Permit Renewal Application Submitted 12/15/95 and 7/22/98

§116.311 Permit ReneSubmitted 9/4/02

met; 

• Revisions must be 

submitted in accordance with §51.103. 

Subpart G – Control Strategy Requirements found in 51, Subpart G are not applicable to the 

section under review in this document. Section 116.311 provides deadlines for the submittal of a permit renewal application and is not concerned with control strategies necessary to attain or maintain NAAQS. 

No Change 

Subpart H – Prevention of Air Pollution Emergency Episodes 

Requirements found in 51, Subpart H are not applicable to the section under review in this document. Section 116.311 provides deadlines for the submittal of a permit renewal application and is not concerned with air pollution emergency episode plans. 

No Change 

Subpart I – Review of New Sources and Modifications §51.160 Legally Enforceable Procedures 

EPA has approved the nonattainment and PSD portions of the TCEQ permitting program as sufficient to determine whether the proposed construction or modification results in a violation of the control strategy and/or attainment or maintenance of the NAAQS. Therefore, TCEQ has the necessary legal authority to implement and enforce the permit revision procedures in accordance with the requirements of the CAA. 

No Change

§51.161 Public availability of information 

The TCEQ provided the public the opportunity to participate in stakeholder meetings in the rulemaking development process, and the public received comment periods on the proposed plan. 

No Change

§51.162 Identification of responsible agency 

The Texas SIP identifies the Texas Commission on Environmental Quality (TCEQ) as the organization that will develop, implement, and enforce the SIP. 

No Change

§51.163 Administrative Procedures Texas enforcement provisions are not typically included in 

individual rules but are separately codified. TCEQ has the necessary legal authority to implement and enforce the permit revision procedures in accordance with the requirements of the CAA. 

No Change

§51.164 Stack Height Requirements Requirements found in §51.164 are not applicable to the section No Change
36

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.311 Permit Renewal Application Submitted 12/15/95 and 7/22/98

§116.311 Permit ReneSubmitted 9/4/02

under review in this document. 

§51.165 Permit Requirements The TCEQ Program for the Control of Air Pollution by Permits for 

New Construction or Modification (Chapter 116 – PSD/NNSR Review) has been previously approved by EPA as addressing all requirements of §51.165. The section addition to the SIP – §116.311 does not substantively change our determination that the TCEQ Program for the Control of Air Pollution by Permits for New Construction or Modification addresses the requirements of §51.165. 

No Change

§51.166 Prevention of Significant Deterioration of Air Quality 

The TCEQ Program for the Control of Air Pollution by Permits for New Construction or Modification (Chapter 116 – PSD/NNSR Review) has been previously approved by EPA as addressing all requirements of §51.166. The section addition to the SIP – §116.311 does not substantively change our determination that the TCEQ Program for the Control of Air Pollution by Permits for New Construction or Modification addresses the requirements of §51.166. 

No Change

Subpart J – Ambient Air Quality Surveillance

Requirements found in 51, Subpart J are not applicable to the sections under review in this document. 

No Change

Subpart K – Source Surveillance Requirements found in 51, Subpart K are not applicable to the 

sections under review in this document. 

No Change

Subpart L – Legal Authority The revisions to Chapter 116 were developed and submitted in 

accordance with the Texas Clean Air Act, Chapter 382 of the Texas 

Health and Safety Code. The Texas Health and Safety Code and the enforcement provisions in the Texas Water Code provide TCEQ the necessary legal authority to implement the SIP. 

No Change

Subpart M – Intergovernmental Consultation 

Requirements found in 51, Subpart M are not applicable to the section under review in this document. 

No Change

Subpart N – Compliance Schedule Requirements found in 51, Subpart N are not applicable to the 

sections under review in this document. 

No Change

Subpart O – Miscellaneous Plan Content Requirements 

• Each plan must include a 

description of resources 

• During the development of the Chapter 116 SIP revisions, the 

TCEQ determined that their fiscal and manpower resources are 

adequate and will not be adversely affected through the implementation of the revisions to the New Source Review 

No Change
37

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.311 Permit Renewal Application Submitted 12/15/95 and 7/22/98

§116.311 Permit ReneSubmitted 9/4/02

available to the State at the date of the submittal of the plan and during the next 5-years. 

• Copies of all rules and 

regulations that are necessary to attain and maintain the NAAQS must be submitted. 

• Each plan must provide for 

public notification when a standard has been violated. 

Permitting Program. This analysis is documented in the preamble to the proposed and final rulemakings. 

• The revisions to §116.311 do not establish new emission limits 

or control strategies; therefore it is not necessary that a copy of all rules and regulations related to attaining or maintaining the NAAQS be submitted. 

Additionally, while permit renewal deadlines are contained in §116.311, the revisions in this SIP submittal do not revise the public notice aspects of the permit programs. Therefore it is not necessary for this SIP submittal to establish procedures whereby the public will be notified of NAAQS violations. 

Subpart P- Protection of Visibility The §116.311 revisions are not submitted as part of Texas’ plan to 

protect visibility. 

No Change

Subpart Q – Reports Section 116.311 does not revise the existing reporting requirements 

for the emission inventory in the Texas SIP. 

No Change

Subpart R – Extensions Section 116.311 provisions do not include a request for an 18-

month extension. 

No Change

Subpart S – Inspection/Maintenance Program Requirements 

Requirements found in 51, Subpart S are not applicable to the section under review in this document. 

No Change

Subpart T – Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Laws 

Section 116.311 provisions do not interfere with or change the transportation conformity budgets developed for each nonattainment and maintenance area pursuant to Subpart T. 

No Change

Subpart U – Economic Incentive Programs 

Requirements found in 51 Subpart U are not applicable to the sections under review in this document. Subpart U establishes requirements for statutorily mandated EIPs. 

No Change

Subpart W – Determining Conformity of General Federal Actions to State or Federal Implementation Plans 

Section 116.311 provisions do not change or modify the Texas procedures used to determine conformity of federal actions, consistent with subpart W. 

No Change
38

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.311 Permit Renewal Application Submitted 12/15/95 and 7/22/98

§116.311 Permit ReneSubmitted 9/4/02

Subpart X – Provisions for Implementation of 8-Hr Ozone NAAQS 

Requirements found in 51 Subpart X are for the implementation of the 8-hour ozone NAAQS. Section 116.311 provisions do not change the implementation of the 8-hour ozone NAAQS. 

No Change

Subpart Y – Mitigation Requirements 

Section 116.311 provisions do not create procedures by which Texas could exclude air quality data due to exceptional events. 

No Change

Subpart Z – Provisions for Implementation of PM2.5 National Ambient Air Quality Standards 

Requirements found in 51 Subpart Z are for the implementation of the PM2.5 NAAQS. Section 116.311provisions does not establish procedures for implementing the PM2.5 NAAQS. 

No Change

Table 2: Analysis of Part 51 Requirements for the September 4, 2002, September 25, 2003 and May 30, 20Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.315 Permit Renewal Submittal Submitted 9/4/02 

§116.315 Permit Renewal Submittal Submitted 9/25/03

§116.315 Permit RSubmittal Submitted 5/30/08

Subpart A – Emission Inventory Reporting Requirements 

Requirements found in Part 51 Subpart A are not applicable to the section under review in this document. Section 116.315 provides the deadline dates for the submittal of a permit renewal application and is not concerned with emission inventory reporting requirements for TCEQ. 

No Change No Change 

Subpart B – E [Reserved] Not Applicable Not Applicable Not Applicable Subpart F – Procedural Requirements §51.100 Definitions §51.100 is not applicable to the 

§116.315 under review in this TSD. 

No Change No Change 

§51.101 Stipulations §51.101 is not applicable to the 

§116.315 under review in this TSD. 

No Change No Change

§51.102 Public Hearings 

• States must conduct one or 

Rule Log No 2001-043-116-AI

• TCEQ held a public hearing on 

Rule Log No 2003-003-116-AI

• TCEQ held a public hearing 

Rule Log No 2007-

• TCEQ held a pub
39

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.315 Permit Renewal Submittal Submitted 9/4/02 

§116.315 Permit Renewal Submittal Submitted 9/25/03

§116.315 Permit RSubmittal Submitted 5/30/08

more public hearings; 

• Public hearings will only 

be held after reasonable notice, given at least 30 days prior to the date of the hearing; and 

• The state must submit with 

the revision a certification that the hearing was held in accordance with this section. 

this rule package in Austin, Texas on June 10, 2002. 

• The public hearing was held after 

reasonable notice was given. TCEQ published notice of the public hearing in the following newspapers on the dates listed below for this rule package: 

• Austin American-Statesman – 

May 10, 2002; 

• Fort Worth Star Telegram – 

May 10, 2002; 

• Houston Chronicle – May 10, 

2002. 

Unable to locate the certification that the public hearings were held in accordance with §51.102 

on this rule package in Austin, Texas on April 24, 2003. 

• The public hearing was held 

after reasonable notice was given. TCEQ published notice of the public hearing in the following newspapers on the dates listed below for this rule package: 

• Austin American Statesman 

–March 24, 2003; 

• Fort Worth Star Telegram –

March 23, 2003; 

• Houston Chronicle – March 

24, 2003. 

• Unable to locate the 

certification that the public hearings were held in accordance with §51.102. 

this rule package on September 24

• The public hearin

reasonable notice TCEQ published public hearing in newspapers on thbelow for this ru

• Austin Ameri

August 23, 20

• Fort Worth S

August 24, 20

• Houston Chro

24, 2007 

• Unable to locate 

that the public hein accordance wi

§51.103 Submission of plans, preliminary review of plans 

• The state makes an official 

plan submission to EPA only when the submission conforms to the requirements of Part 51, Appendix V 

• The state delivers 5 copies 

of the plan with a letter giving notice of the action to the EPA regional office. 

The rule package meets the requirements for completeness. 

The rule package meets the requirements for completeness. 

The rule package mrequirements for co

§51.104 Revisions Robert J. Huston, Chairman of the Robert Huston, Chairman of the Buddy Garcia, Cha
40

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.315 Permit Renewal Submittal Submitted 9/4/02 

§116.315 Permit Renewal Submittal Submitted 9/25/03

§116.315 Permit RSubmittal Submitted 5/30/08

• States may revise the plan 

from time to time 

• EPA will approve revisions 

only after appropriate public hearing requirements have been met; 

• Revisions must be 

submitted in accordance with §51.103. 

TCEQ (formerly the TNRCC) submitted Chapter 116 revisions on September 4, 2002 as a SIP revision. 

TCEQ, submitted the Chapter 116 revisions on September 30, 2003 as a SIP revision. 

TCEQ submitted Crevisions on JanuarSIP revision. 

Subpart G – Control Strategy Requirements found in 51, Subpart 

G are not applicable to the section under review in this document. Section 116.315 provides deadlines for the submittal of a permit renewal application and is not concerned with control strategies necessary to attain or maintain NAAQS. 

No Change No Change 

Subpart H – Prevention of Air Pollution Emergency Episodes 

Requirements found in 51, Subpart H are not applicable to the section under review in this document. Section 116.315 provides deadlines for the submittal of a permit renewal application and is not concerned with air pollution emergency episode plans. 

No Change No Change 

Subpart I – Review of New Sources and Modifications §51.160 Legally Enforceable Procedures 

EPA has approved the nonattainment and PSD portions of the TCEQ permitting program as sufficient to determine whether the 

No Change No Change
41

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.315 Permit Renewal Submittal Submitted 9/4/02 

§116.315 Permit Renewal Submittal Submitted 9/25/03

§116.315 Permit RSubmittal Submitted 5/30/08

proposed construction or modification results in a violation of the control strategy and/or attainment or maintenance of the NAAQS. Therefore, TCEQ has the necessary legal authority to implement and enforce the permit revision procedures in accordance with the requirements of the CAA. 

§51.161 Public availability of information 

The TCEQ provided the public the opportunity to participate in stakeholder meetings in the rulemaking development process, and the public received comment periods on the proposed plan. 

No Change No Change

§51.162 Identification of responsible agency 

The Texas SIP identifies the Texas Commission on Environmental Quality (TCEQ) as the organization that will develop, implement, and enforce the SIP. 

No Change No Change

§51.163 Administrative Procedures Texas enforcement provisions are 

not typically included in individual rules but are separately codified. TCEQ has the necessary legal authority to implement and enforce the permit revision procedures in accordance with the requirements of the CAA. 

No Change No Change

§51.164 Stack Height Requirements Requirements found in §51.164 are 

not applicable to the section under review in this document. 

No Change No Change

§51.165 Permit Requirements The TCEQ Program for the Control 

of Air Pollution by Permits for New 

The TCEQ Program for the Control of Air Pollution by 

No Change
42

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.315 Permit Renewal Submittal Submitted 9/4/02 

§116.315 Permit Renewal Submittal Submitted 9/25/03

§116.315 Permit RSubmittal Submitted 5/30/08

Construction or Modification (Chapter 116 – PSD/NNSR Review) has been previously approved by EPA as addressing all requirements of §51.165. The section addition to the SIP – §116.315 does not substantively change our determination that the TCEQ Program for the Control of Air Pollution by Permits for New Construction or Modification addresses the requirements of §51.165. 

Permits for New Construction or Modification (Chapter 116 – PSD/NNSR Review) has been previously approved by EPA as addressing all requirements of §51.165. The revision to the SIP – §116.315 does not substantively change our determination that the TCEQ Program for the Control of Air Pollution by Permits for New Construction or Modification addresses the requirements of §51.165. 

§51.166 Prevention of Significant Deterioration of Air Quality 

The TCEQ Program for the Control of Air Pollution by Permits for New Construction or Modification (Chapter 116 – PSD/NNSR Review) has been previously approved by EPA as addressing all requirements of §51.166. The section addition to the SIP – §116.315 does not substantively change our determination that the TCEQ Program for the Control of Air Pollution by Permits for New Construction or Modification addresses the requirements of §51.166. 

The TCEQ Program for the Control of Air Pollution by Permits for New Construction or Modification (Chapter 116 – PSD/NNSR Review) has been previously approved by EPA as addressing all requirements of §51.166. The revision to the SIP – §116.315 does not substantively change our determination that the TCEQ Program for the Control of Air Pollution by Permits for New Construction or Modification addresses the requirements of §51.166. 

No Change

Subpart J – Ambient Air Quality Surveillance

Requirements found in 51, Subpart J are not applicable to the sections under review in this document. 

No Change No Change
43

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.315 Permit Renewal Submittal Submitted 9/4/02 

§116.315 Permit Renewal Submittal Submitted 9/25/03

§116.315 Permit RSubmittal Submitted 5/30/08

Subpart K – Source Surveillance Requirements found in 51, Subpart 

K are not applicable to the sections under review in this document. 

No Change No Change

Subpart L – Legal Authority The revisions to Chapter 116 were 

developed and submitted in accordance with the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. The Texas Health and Safety Code and the enforcement provisions in the Texas Water Code provide TCEQ the necessary legal authority to implement the SIP. 

 No Change

Subpart M – Intergovernmental Consultation 

Requirements found in 51, Subpart M are not applicable to the section under review in this document. 

No Change No Change

Subpart N – Compliance Schedule Requirements found in 51, Subpart 

N are not applicable to the sections under review in this document. 

No Change No Change

Subpart O – Miscellaneous Plan Content Requirements 

• Each plan must include a 

description of resources available to the State at the date of the submittal of the plan and during the next 5-years. 

• Copies of all rules and 

regulations that are necessary to attain and maintain the NAAQS must be submitted. 

• Each plan must provide for 

• During the development of the 

Chapter 116 SIP revisions, the TCEQ determined that their fiscal and manpower resources are adequate and will not be adversely affected through the implementation of the revisions to the New Source Review Permitting Program. This analysis is documented in the preamble to the proposed and final rulemakings. 

• The revisions to §116.315 do not 

establish new emission limits or 

No Change No Change
44

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.315 Permit Renewal Submittal Submitted 9/4/02 

§116.315 Permit Renewal Submittal Submitted 9/25/03

§116.315 Permit RSubmittal Submitted 5/30/08

public notification when a standard has been violated. 

control strategies; therefore it is not necessary that a copy of all rules and regulations related to attaining or maintaining the NAAQS be submitted. 

• Additionally, while permit 

renewal deadlines are contained in §116.315, the revisions in this SIP submittal do not revise the public notice aspects of the permit programs. Therefore it is not necessary for this SIP submittal to establish procedures whereby the public will be notified of NAAQS violations. 

Subpart P- Protection of Visibility The §116.315 revisions are not 

submitted as part of Texas’ plan to protect visibility. 

No Change No Change

Subpart Q – Reports Section 116.315 does not revise the 

existing reporting requirements for the emission inventory in the Texas SIP. 

No Change No Change

Subpart R – Extensions Section 116.315 provisions do not 

include a request for an 18-month extension. 

No Change No Change

Subpart S – Inspection/Maintenance Program Requirements 

Requirements found in 51, Subpart S are not applicable to the section under review in this document. 

No Change No Change

Subpart T – Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or 

Section 116.315 provisions do not interfere with or change the transportation conformity budgets developed for each nonattainment and maintenance area pursuant to 

No Change No Change
45

Part 51-Requirements for Preparation, Adoption, and Submittal of Implementation Plans 

§116.315 Permit Renewal Submittal Submitted 9/4/02 

§116.315 Permit Renewal Submittal Submitted 9/25/03

§116.315 Permit RSubmittal Submitted 5/30/08

the Federal Transit Laws Subpart T. Subpart U – Economic Incentive Programs 

Requirements found in 51 Subpart U are not applicable to the sections under review in this document. Subpart U establishes requirements for statutorily mandated EIPs. 

No Change No Change

Subpart W – Determining Conformity of General Federal Actions to State or Federal Implementation Plans 

Section 116.315 provisions do not change or modify the Texas procedures used to determine conformity of federal actions, consistent with subpart W. 

No Change No Change

Subpart X – Provisions for Implementation of 8-Hr Ozone NAAQS 

Requirements found in 51 Subpart X are for the implementation of the 8-hour ozone NAAQS. Section 116.315 provisions do not change the implementation of the 8-hour ozone NAAQS. 

No Change No Change

Subpart Y – Mitigation Requirements 

Section 116.315 provisions do not create procedures by which Texas could exclude air quality data due to exceptional events. 

No Change No Change

Subpart Z – Provisions for Implementation of PM2.5 National Ambient Air Quality Standards 

Requirements found in 51 Subpart Z are for the implementation of the PM2.5 NAAQS. Section 116.315 provisions do not establish procedures for implementing the PM2.5 NAAQS. 

No Change No Change
46

Appendix C. Evaluation of the December 15, 1995, July 22, 1998, September 4, 

2002, September 25, 2003 and May 30, 2008 SIP Submittals with respect to section 

110(l) of the Clean Air Act. 

Section 110(l) of the Clean Air Act states: 

Each revision to an implementation plan submitted by a State under this Act shall 

be adopted by such State after reasonable notice and public hearing. The 

Administrator shall not approve a revision of a plan if the revision would 

interfere with any applicable requirement concerning attainment and reasonable 

further progress (as defined in section 171), or any other applicable requirement 

of this Act. 

Thus, under section 110(l), this SIP revision must not interfere with attainment or 

reasonable further progress or any other applicable requirement of the Act. 

 

In this review, the revisions to section 116.311, Permit Renewal Application, and section 

116.315, Permit Renewal Submittal, that were submitted to EPA on December 15, 1995, 

July 22, 1998, September 4, 2002, September 25, 2003 and May 30, 2008 were only 

included in this analysis. Texas submitted changes for 30 TAC 116.311 on December 15, 

1995. However, within the July 22, 1998 SIP revision submittal, Texas repealed and 

resubmitted each section under Subchapter D and reorganized subsection (c) into new 

subsections (d) and (e) with changes. In the September 4, 2002 SIP submittal; Texas 

submitted a recodification of these provisions into a new section, 30 TAC 116.315, 

Permit Renewal Submittal. On September 25, 2003 and May 30, 2008, TCEQ submitted 

changes to the new section 30 TAC 116.315, Permit Renewal Submittal. The changes 

submitted for this section affects the permit renewal dates. 

The reviewed revisions to the Permit Renewal Application and Permit Renewal Submittal 

will not interfere with attainment or reasonable further progress or any other applicable 

requirement of the Act because the revisions under review with this action revises and 

recodifies the existing section 116.311 and transfers some provisions to a new section 

116.315. These revisions will not interfere with the SIP-approved functionality of the 

Permit Renewal Application which has already been demonstrated to be consistent with 

section 110(l) through our March 10, 2006 approval. 
47

 Appendix D. Review of Proposed Revisions against the SIP Approved Regulations 

116.311 – Permit Renewal Application

EPA Approved 3/10/06 SIP Submitted 12/15/95 and 7/22/98 SIP Submitted 9/4/02 (c) A permit holder that fails to submit an application for review and renewal within 90 days pursuant to §116.310 of this title (relating to Notification of Permit Holder, after receiving notification from the TNRCC pursuant to subsection (a) of this section will cause the subject permit to expire, unless the time period for the submission of the application is extended by the executive director. Permits are subject to the following schedule: 

(d)(c) AnA permit holder that fails to submit an application for review and renewal must be submitted within 90 days prior to expiration of the permit or pursuant to §116.310 of this title (relating to Notification of Permit Holder, after receiving notification from the TNRCC pursuant to subsection (a) of this section will cause the subject permit will to expire. The, unless the time period for the submission of the application is extended by the

executive director may extend the 

time period for submitting an application. Permits are subject to the following schedule: 

(d) * * * 

(e) Any permit issued: 

(1) Any permit issued before December 1, 1991 is subject for review 15 years after the date of issuance; or 

(1) Any permit issued before December 1, 1991 is subject for review 15 years after the date of issuance; or 

(1) * * * 

(2) Any permit issued on or after December 1, 1991 is subject for review every ten years after the date of issuance. 

(2) Any permit issued on or after December 1, 1991 is subject for review every ten years after the date of issuance. 

(2) * * * 

(3) For cause, a permit issued on or after December 1, 1991, for a 

(3) at nonfederal sources For cause, a permit issued on or after December 

(3) * * * 
48

116.311 – Permit Renewal Application

facility at a nonfederal source may contain a provision requiring the permit to be renewed at a period of between five and ten years. 

1, 1991, may for cause for a facility at a nonfederal source may contain a provision requiring renewal the permit to be renewed at a period of between five and ten years. 

§116.315 – Permit Renewal Submittal

SIP Submitted 9/4/02 SIP Submitted 9/25/03 SIP Submitted 5/30/08 (a) (d) An application for renewal must 

be submitted at least 90 days prior to expiration of the permit or the permit will expire. The executive director may extend the time period for submitting an application.

(a) An application for renewal must be submitted at least six months, but no earlier than 18 months, 90 days

prior to expiration of the permit or the permit will expire. This subsection 

will be effective on May 1, 2004. 

The executive director may extend the 

time period for submitting an application.

(a) With the exception of subsections (b) and (c) of this section. an An

application for renewal must be submitted at least six months, but no earlier than 18 months, prior to expiration of the permit or the permit will expire. This subsection will be 

effective on May 1, 2004.

(b) With executive director approval, the application may be submitted before or after the time period specified in subsection (a) of this section.

(c) A renewal application with appropriate fee may be submitted at the same time as an amendment application to modify an existing facility as long as it is submitted not more than three years before the permit’s expiration date and the amendment is subject to public 
49

§116.315 – Permit Renewal Submittal

notice requirements under Texas Health Code, §382.056, Notice of Intent to Obtain Permit or Permit Review; Hearing.

(b)(e)Any permit issued :(1) before December 1, 1991, is subject for review 15 years after the date of issuance;(2) on or after December 1, 1991, is subject for review every ten years after the date of issuance.(3) at non-federal sources on or after December 1, 1991, may, for cause, contain a provision requiring renewal between five and ten years.

(c) (b) * * * (d) (c) * * *